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Florida Consumer Law Questions & Answers
1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Foreclosure for Florida on
Q: Are you an attorney who has won foreclosure cases based on breaches of contract and fraud or know of someone who can .

My attorney has just notified me of his suspension and need to find new counsel. I have filed counterclaims and defenses with exhibits proving the new plaintiff is no a holder in due course. I have TILA violations, FDCPA violations , Breach of contrat including fraud in the inducement ,appriasal... Read more »

Sherri B. Simpson
Sherri B. Simpson answered on Sep 20, 2020

Although I handle those types of cases, I am not in Punta Gorda. Call Mark Dann at Dann Law 877-475-8100. If he cannot handle the case he should know someone who can. Or email mdann@dannlaw.com or intake at Dannlaw.com.

2 Answers | Asked in Bankruptcy, Consumer Law and Small Claims for Florida on
Q: bank account garnish in small claim court in Polk county, where I live years ago.

when I found out my money was frozen that was giving to me, I did not know what to do. I did not know my rights. so, my husband file a emergency bankruptcy to get a stay. Not knowing I would have a right to ask for a claim of exemption and request for hearing in the court. We didn't file the... Read more »

Victoria Morales
Victoria Morales answered on Sep 16, 2020

Once a bankruptcy case is dismissed, the Bankruptcy Court will not look any further into it, there is no case.

You do not specify under which classification you are entitled to an exemption of claim. If you are able to bring the evidence that proves your entitlement, then the Judge is...
Read more »

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1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: 3 yrs ago @ a motel paid full for month. wanted refund owner said no could only give 1 week money back. can I do anythin

He's known to have a severe drug problem the rooms were horrible I paid almost 2 thousand for the month and it was just odd he said I can't get my money back at all at firstly then said he could give me a weeks worth. It still bugs me to this- day the place is horrible and definitely not... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 15, 2020

Probably not. Do you really think a guy with a severe drug problem.who runs a roach motel is going to have 2 grand laying around? You should have consulted a.lawyer 3 years ago. Even so, if you think you have a case, you should consult a lawyer, but be prepared to be charged a hefty fee upfront if... Read more »

1 Answer | Asked in Consumer Law for Florida on
Q: Is it legal in Florida for dental practices to charge a COVID-19 fee to their patients to cover the costs of PPEs?

Particularly if that practice is a corporation - Sage Dental. Didn't they receive any relief money from the government to defray these costs?

Phillip William Gunthert
Phillip William Gunthert answered on Sep 10, 2020

There is always some new scam and fee, I would venture to say that a dentist charges plenty in general for their services already, this would be like an attorney, accountant, restaurant, bar, etc., any business adding a Covid-fee because the cost of doing business has increased with Covid now, we... Read more »

Q: I have an organizing system that would complement box legend clothes organizer. I would like to sell the idea.

I would like to sell the idea to the patent owner of box legend clothes organizer.

Kevin E. Flynn
Kevin E. Flynn answered on Sep 7, 2020

Congratulations on having a good idea. You may be able to make and sell this as an aftermarket enhancement for installed systems. That is one route and a route that does not require buy-in from the BoxLegend folks. You may wish to obtain a patent so that others do not make a similar product.... Read more »

1 Answer | Asked in Elder Law and Consumer Law for Florida on
Q: In a proposal for a new roof purchase for my home I see a clause stating I agree to give up my right to trial by jury.

Concerning my roof purchase would a trial by jury be preferable to going in front of one educated person , The Judge?

I'm assuming if I won't agree to this obnoxious request they won't sell me a new roof. Is this even legal ?

Tim Akpinar
Tim Akpinar answered on Aug 31, 2020

A Florida attorney could answer best, but your post remains open for two weeks. As a GENERAL matter, contracts do contain clauses that dictate how disputes will be resolved. Some of these stipulate that arbitration will be used as a forum instead of civil court. I'm not certain if your clause... Read more »

1 Answer | Asked in Consumer Law, Products Liability, Business Law and Civil Rights for Florida on
Q: what are the laws regarding recording calls, outgoing & incoming? Do we need to provide a disclaimer? or just inform?

Do we need to make a disclaimer for both outgoing and incoming calls? or let the person know they're on a recorded line during outgoing phone calls? or both? If so, Is there a specific disclaimer that is best for legality purposes?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 26, 2020

Wow. I am surprised you had to ask this question in August 2020, what with all the calls being made to and from all kinds of banks, credit card companies, insurance companies, police departments and government agencies and many other entities that routinely tell people that the call is being... Read more »

2 Answers | Asked in Consumer Law and Collections for Florida on
Q: receiving text messages There is a file in our office needing your immediate attention, others asking me for phone #

Messenger also texting daughters. Also saying attempt to get a signature need address verification. 2 days ago we all got a private voice mail from a gentleman saying he had papers sealed for me to sign he would be her in 45 minutes, I waited 2 hours, no show, then late a text message asking if I... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Aug 21, 2020

Sounds like a scam. No legitimate business operates like this. NEVER give them your information, because that's what they want.

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1 Answer | Asked in Consumer Law for Florida on
Q: i need help

i am done trying to prove that i have paid capital one the monies they say i owe. i now have found out that they contacted someone other than me about this accoutn and tried to get them to pay money that has been paid already. i am furious that my information has been shared with someone with out... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 17, 2020

There is nothing you need to do. Unless they are asking you for the money, it is not really your concern.

2 Answers | Asked in Consumer Law, Civil Litigation and Civil Rights for Florida on
Q: My wife suffers from TBI. She suffers from a lack of impulse control. She has been spending money like crazy.

She took a loan out from a high interest loan company. She refuses to give me any details. The loan payback is now up to &10,000. She also put her car up as collateral. They have taken advantage of her disability. We live in Florida. What are the ADA laws against this?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 11, 2020

The ADA (Americans with Disabilities Act) has nothing to do with your wife's apparent mental condition. Nor am I aware of any other federal or state law that could help you stop your wife's uncontrollable behavior.

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2 Answers | Asked in Consumer Law and Contracts for Florida on
Q: Hello I need help confirming a business name that I’ve “registered” and someone is possibly challenging this name

I’ve researched and seems the format I am using wasn’t registered previously “as I have listed” and have processed the necessary paperwork to register at the state level and per fictitious name guidelines as well what can I do if they persist?

Charles M.  Baron
Charles M. Baron answered on Aug 9, 2020

Your inquiry is a bit vague as to whether your corporate name and/or fictitious name are registered with the Fla. Division of Corporations exactly as you intended. That is - does the name appearing on Sunbiz.org match the name you are using? Only names that are registered are protected - that... Read more »

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2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Collections for Florida on
Q: I have some legal fines from about 20 years ago that I discovered recently. How can I go about getting these waived?

I have written a letter to the judge with no response.

Henry George Ferro
Henry George Ferro answered on Aug 7, 2020

Pay the fines or hire a lawyer to file the appropriate motions...good luck!

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1 Answer | Asked in Banking, Consumer Law and Contracts for Florida on
Q: I need some clarification on Car Bank loans and what my options are here in Florida. How can I send you the information

I need some clarification on Car Bank loans and what my options are here in Florida. I tried to post my questions here but it said I have to many character but you would need to see this information to give any advice, how can I send the detailed messages for proper recommendations?

Phillip William Gunthert
Phillip William Gunthert answered on Aug 5, 2020

You will have to contact and hire and attorney for their hourly fee or for a fixed fee to review the contract and advise you on any questions and issues that you might have related to the contract/purchase/loan, etc.

1 Answer | Asked in Consumer Law for Florida on
Q: Is an arraignment considered a court action?

I am filling out an application for a law enforcement academy. It asks if you or anyone in your immediate family have had a court action taken against them. Im trying to make sure I answer right because if I don't then Ill be disqualified.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 24, 2020

If you were charged with a crime and the case was filed in court, that would be a "court action". At some point in that court action, chances are that you were required to attend an "arraignment", which a hearing at which you would have been asked to plead guilty or not guilty.

1 Answer | Asked in Consumer Law and Criminal Law for Florida on
Q: Could a burglary of a vehicle and a a killing outside a vehicle a block radius away be considered felony murder?

My brother is incarcerated for felony murder in the commission of a burglary. The facts if the case is he attempted to steal the car by breaking the ignition when police came he exited the vehicle and escaped that scene. Police was not chasing him. A block radius away he killed someone by a... Read more »

Henry George Ferro
Henry George Ferro answered on Jun 19, 2020

Ultimately that issue is a jury question and the death results during the commission of a felony.

1 Answer | Asked in Consumer Law for Florida on
Q: I was treated unfairly at a funeral home, I had an ongoing lawsuit with the funeral director, can I sue??

The funeral director made me sign over my rights to bury my husband!

Stephen Arnold Black
Stephen Arnold Black answered on Jun 18, 2020

More information is needed to determine if you have a case. In Florida, if a funeral home treats the family of the deceased with lack of compassion, civility and respect in their state of bereavement, then the family has a potential case. These cases are fact specific so you need to discuss the... Read more »

1 Answer | Asked in Consumer Law, Internet Law and Securities Law for Florida on
Q: I believe I am eligible for this 5000$

I was looking at medical sites for a skin cream

as well a 3d render application without Google recommended also you should just know this site po*nhub all my data was saved and when i went back on to the site i was still getting recommended yeah i know of all things i metion is this but i... Read more »

Adam Savett
Adam Savett answered on Jun 9, 2020

This is a brand new case that was just filed last week.

There is no settlement, no judgement, nothing to claim at this point.

Class action cases take time, often 2-5 years from the time they are filed until they are resolved.

And there is no guarantee that the case will be...
Read more »

1 Answer | Asked in Consumer Law and Products Liability for Florida on
Q: I use icognito every day since 2013. And I want to complain against Google too. I need information to do it.
Adam Savett
Adam Savett answered on Jun 8, 2020

This is a brand new case that was just filed last week.

There is no settlement, no judgement, nothing to claim at this point.

Class action cases take time, often 2-5 years from the time they are filed until they are resolved.

And there is no guarantee that the case will be...
Read more »

2 Answers | Asked in Consumer Law and Contracts for Florida on
Q: Can I gift a vehicle to someone else if there is still a loan on it?

I obtained a car loan to purchase a vehicle through my bank. I am still paying off the loan. I have been letting my girlfriend use the vehicle and am now considering gifting the vehicle to her. Is this possible?

Charles M.  Baron
Charles M. Baron answered on Jun 4, 2020

If you happen to be in an arrangement whereby you take title to the vehicle after final payoff, though you may give permission to your g-f to use the vehicle, she cannot take title until you pay off the loan, obtain title, and then convey title to her. Alternatively, if she has decent credit, you... Read more »

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2 Answers | Asked in Contracts and Consumer Law for Florida on
Q: Can I get my 50k back from Online Trading Academy ?

i had about gave up untill i seen report of the FTC has brought suet actions for wrong doing. please point me in the right direction.

Charles M.  Baron
Charles M. Baron answered on Jun 4, 2020

You need to be more specific in your inquiry - WHY you seek a refund of your $50K. Did they take your money and give you absolutely nothing in return? Did they give anything at all in return? Did you demand your money back? If so, did they respond in any way? And what report did you see? I... Read more »

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